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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34235
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My Mother recently passed away on September 18th and I am the

Customer Question

My Mother recently passed away on September 18th and I am the first born who has been living in Canada since 1979. I have a Sister who lives in Spain and is legally blind and has now renounced her Executor ship of my Mother's will. This has passed on to the Person who until her death was my Mother's Power of Attorney. When I came back to visit my Mother in October 2014 I was very concerned about hearing that my Mother who was then 88 years old, had been "Scammed" of GBP145,000 which we have discovered ended up in a Bank in Vancouver BC. Canada. We had a meeting with the Manager of the Canadian Bank and he has confirmed the money did come to his bank and wants us to get some further information from the Lloyds Bank in the UK. We have a copy of the Lloyds Bank statement of my Mother showing that on May 27th. 2008 these monies were transferred to the Canadian bank after they were transferred into her Lloyds bank following a reverse mortgage application with AVIVA (formally The Norwich Union). The Lloyds Bank has been requested several times to provide a copy of the form that should have been signed by my mother, for us to peruse, to no avail. Now that she has passed away, the power of Attorney gentleman is proceeding with obtaining death certificate etc. I do not want to contest the will can I put an application in to contest the will, ("For the right of information to acquire paper work from the banks etc. regarding the transfer of the missing funds")? I have booked my flight to London and will be in the Lewes area on October 6th. till October 16th. I would appreciate your comments and the name of a good Solicitor for this sort of problem.
Thanking you in anticipation of your answer,
Yours sincerely
Roger Brett
email:***@******.***
*****
Kelowna, BC.
Canada
Tel: 01.***-***-****
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhose name is ***** ***** Canadian Account and do you in some way hold the person named as Executor responsible?
Customer: replied 1 year ago.

The name the Monies were transferred to in Canada was Robert Stevenson as confirmed by the Bank of Montreal manager we met last September 22nd. The account has since been closed as all this happened in May 2008. When we get to the UK on October 6th we hope to be able to go to the Lloyds bank i Lewes Sussex which was my mothers bank to get to see the papers that someone must have signed to transfer these monies. As for the Executor, this was also the LPA for my Mother and yes we have our suspicions but no proof yet. When I talked to my friends (now retired) who was head of the crime division in Ottawa he said for him the number one suspect would be the LPA. But he only became the PA in 2010!!?? We are also trying to find out who was the LPA for my Mother in May 2008. I believe the LPA and PA requirements changed in the UK around this period of time.

Regards

Roger

Expert:  Clare replied 1 year ago.
Why do you suspect him if at that time he did not hold a Power of Attorney?Have you discussed this issue with him at all?
Customer: replied 1 year ago.

Because he seems to stall and make excuses every time we have requested him to obtain from Lloyds bank the form that the transmitting bank (Lloyds) should heve for the funds thant were wired to the Bank of Montreal (BOM) in Canada. We need to see this to see who signed the form and to check the signature on same. This we are now hoping to talk to the Lloyds Bank when we arrive in the UK on October 6th. Also this same Power of Attorney is now the Executor of the will. We have no proof to accuse anyone and hopefully he is not involved. Once we have what the BOM Manager suggested we need then we can approach the respective fraud division where applicable

regards

Roger

Expert:  Clare replied 1 year ago.
You cannot contest the Will on that basis HOWEVER what you CAN do is quietly point out to the person involved that as Executorhe is under a personal duty to the beneficiaries to maximise the income to the estate - which means tracing these funds if they are recoverable.You can then ask him to go with you to the bank to acquire the necessary documentationI hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Clare, I will try what you have written above when I arrive in the UK on October 6th. I will meet with the Gentleman who WAS the PA until my Mother's passing and is now the Executor of the will, and we will go to the Lloyds Bank to see why they can not find the document that was used to send these funds to Canada and who signed the form. Until I get there I can't add any further comments.

Thank you for your help.

Sincerely

Roger Brett

Expert:  Clare replied 1 year ago.

You are most welcome - please ask if you need further assistance